(a) (1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification.(2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.
(1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification.
(2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.
(b) (1) As authorized under § 4-88-103, a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402.(2) (A) As authorized under § 4-88-104, the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402.(B) A parent or guardian whose minor child or legal dependent is authorized access to a social media platform may bring a civil action against the social media platform that is in violation of § 4-88-1402.(C) A violation of this subchapter is a strict liability civil offense.
(1) As authorized under § 4-88-103, a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402.
(2) (A) As authorized under § 4-88-104, the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402.(B) A parent or guardian whose minor child or legal dependent is authorized access to a social media platform may bring a civil action against the social media platform that is in violation of § 4-88-1402.(C) A violation of this subchapter is a strict liability civil offense.
(A) As authorized under § 4-88-104, the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402.
(B) A parent or guardian whose minor child or legal dependent is authorized access to a social media platform may bring a civil action against the social media platform that is in violation of § 4-88-1402.
(C) A violation of this subchapter is a strict liability civil offense.
(c) (1) A covered social media platform that permits a minor to access the covered social media platform in violation of this subchapter is liable to an individual for:(A) A penalty of ten thousand dollars ($10,0000) per violation, court costs, and reasonable attorney's fees as ordered by the court; or(B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.(2) Each day that a covered social media platform permits a minor to access the covered social media platform in violation of this section constitutes a separate violation for purposes of subdivision (c)(1)(A) of this section.(3) All money obtained by an individual for a fine or civil penalty imposed under this section shall be deposited into the Crimes Against Children Fund.(4) (A) The reasonable attorney's fees under subdivision (c)(1)(A) of this section shall be no less than the value of the social media platform's total legal fees in the action.(B) If the social media platform's legal fees are greater than the prevailing party's legal fees, the surplus will be directed to the Crimes Against Children Fund.
(1) A covered social media platform that permits a minor to access the covered social media platform in violation of this subchapter is liable to an individual for:(A) A penalty of ten thousand dollars ($10,0000) per violation, court costs, and reasonable attorney's fees as ordered by the court; or(B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.
(A) A penalty of ten thousand dollars ($10,0000) per violation, court costs, and reasonable attorney's fees as ordered by the court; or
(B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.
(2) Each day that a covered social media platform permits a minor to access the covered social media platform in violation of this section constitutes a separate violation for purposes of subdivision (c)(1)(A) of this section.
(3) All money obtained by an individual for a fine or civil penalty imposed under this section shall be deposited into the Crimes Against Children Fund.
(4) (A) The reasonable attorney's fees under subdivision (c)(1)(A) of this section shall be no less than the value of the social media platform's total legal fees in the action.(B) If the social media platform's legal fees are greater than the prevailing party's legal fees, the surplus will be directed to the Crimes Against Children Fund.
(A) The reasonable attorney's fees under subdivision (c)(1)(A) of this section shall be no less than the value of the social media platform's total legal fees in the action.
(B) If the social media platform's legal fees are greater than the prevailing party's legal fees, the surplus will be directed to the Crimes Against Children Fund.
(d) This section does not:(1) Apply to a news or public interest broadcast, website video, report, or event;(2) Affect the rights of a news-gathering organization; or(3) Apply to cloud service providers.
(1) Apply to a news or public interest broadcast, website video, report, or event;
(2) Affect the rights of a news-gathering organization; or
(3) Apply to cloud service providers.
(e) An internet service provider, or any of its affiliates or subsidiaries, or search engines, shall not violate this subchapter solely by providing access, connection to or from a website, or other information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform.